Page:Federal Reporter, 1st Series, Volume 6.djvu/292

 280 FEDERAL REPORTER. �It is not necessary for the solution of the rights of parties litigant in this suit to enter upon so wide a field of analysis or discussion. At the opening of the argument this court directed the attention of counsel to -what seemed to be a mat- ter of large moment, but as the pleadings and evidence had been prepared in the light of leading English and American cases, the cause progressed at great length, calling for the remark that despite these cases a large amount of irrelevant testimony was presented; or, rather, that while counsel had been diligent in their preparation, not knowing what views this court might entertain, much of the evidence seemed to apply rather to infringements of patents than a violation' of trade-marks. Stiil, many of the leading cases have taken that course, to what seems to be a confusion of rights. �This case furnishes an apt illustration. The plaintiff and its predecessors had, in connection with others, through pat- ents, a monopoly as to certain sewing machines, known as the "Singer" machines. When these patents expired every one had an equal right to make and vend such machines. If the patentees or their assignees could assert successfully an ex- clusive right to the name "Singer" as a trade-mafk, they would practically extend the patent indefinitely. The pecu- iiar machine which had become known to the public under that name during the life of the patents was so known as a specified article of manufacture, and at the expiration of the patent would still be known on the market by that designa- tion, irrespective of the name of the special manufacturer. No one had an exclusive right to the use of the generic name. If one wished to acquire a trade-mark in connection therewith he could do so distinctively. The plaintiff accord- inglyadopted specifie devices, including its own name, whereby its products could be distinguished. The defendant adopted a different device, with the name of his manufacturer, "Stew- art," and advertised the sale sometimes of the "Stewart" machines, and sometimes of the "Stewart-Singer" machines, attaching his name as "late general manager of the Singer Manufacturing Co." �It is contended that, although he and others had an indu- ��� �